Ronald and Lori Wieseler have been granted a conditional use permit to build a used car business on their Pine Manor Addition property, though the fate of a petition to have the land rezoned from residential to business is still unknown.

Wednesday, June 13, 2001

Ronald and Lori Wieseler have been granted a conditional use permit to build a used car business on their Pine Manor Addition property, though the fate of a petition to have the land rezoned from residential to business is still unknown.

The Austin Planning Commission debated the merits of the conditions attached to the permit Monday evening for the tract at Oakland Avenue West and 25th Street SW.

Commission member Gordon Kuehne objected to two of the conditions. He didn’t understand why the Wieselers would have to conform to rules that limited their hours of operation or why they wouldn’t be allowed to locate cars for sale within 50 feet of residential property.

"My concern with this issue is that we are placing the landowner at a disadvantage. We’re saying this gentleman cannot sell (outside the times stated in the conditions) because he’s going to be in violation of civil law," Kuehne said.

City Community Development Director Craig Hoium agreed that if "the specific conditions" that are placed on the approval of a conditional permit were broken the individual could lose the permit. Architect Paul Johnson, representing the Wieselers, said they had no objection to conforming to the 50-foot ordinance which has been in effect since 1995. However, he feels the conditions shouldn’t be more restrictive than other dealers.

City attorney Craig Byram reminded the commission that its role was to consider the adverse effects, if any, the conditional use permit would create and to establish restrictions that would reduce such effects. Adverse effects such as noise, smoke, gas, dust, odors and vibrations should be considered, he said.

Because the building is within the 50-foot restriction, the Wieselers won’t be able to perform maintenance of the cars. The commission began with nine conditions attached to the permit but because some of them were covered by city ordinance, only four conditions were made part of the permit. They are: landscaping, recessing the proposed sign into the hillside, lighting that has the least adverse effect to adjacent residential property and approval by the City Council of rezoning the property from residential to business.

Call Ailene Dawson at 434-2235 or e-mail her at ailene.dawson@austindailyherald.com.